Could a Louisiana town cut the pay of an appointed police chief filling a vacancy before a newly elected chief took office?

Plain-English summary

Livonia's mayor asked about the compensation of a police chief appointed to fill a vacancy while a special election was pending. The attorney general's office said in 1999 that the town could not reduce the appointee's compensation during the elected term he was completing. Although his own service would be shorter than a regular term, the office treated him as occupying the protected elected position.

The opinion drew a different line for the chief who would soon be elected. It said the board of aldermen could lower the salary for that incoming chief by ordinance if it did so before the new elected term began.

Currency note

This opinion was issued in 1999. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Mayors and boards of aldermen at the time

The opinion said the town could not lower the interim chief's pay during the existing term. It allowed a salary reduction for the next elected chief if adopted by ordinance before the new term began.

Interim police chiefs at the time

The office treated an appointee filling the vacancy as occupying the elected office for the rest of that term. It said the appointment did not remove the statutory protection against a midterm pay cut.

Incoming elected chiefs at the time

The opinion distinguished the upcoming elected term from the existing one. It said the town could set a lower salary for the new term before it started.

Common questions

Q: Could the town reduce an appointed interim chief's pay before the special election?
A: The 1999 opinion said no. The appointee was serving out an elected term, and the office said the term's pay protection applied.

Q: Did the interim chief lose pay protection because the appointment was temporary?
A: No. The office said the shorter tenure did not change the protection attached to occupying that elected position.

Q: Could the town lower the pay of the chief elected in the special election?
A: The opinion said yes, if the board adopted the reduction by ordinance before the new term began.

Background and statutory framework

The office applied LSA-R.S. 33:404.1, which it quoted as requiring the board of aldermen to fix municipal officers' compensation by ordinance and barring reduction of an elected official's compensation during the term for which the official was elected. It applied that protection to the appointed vacancy-filler for the remainder of the term, then distinguished compensation set before the next term.

Citations and references

• LSA-R.S. 33:404.1 (municipal officer compensation and term protection)

Source

• Landing page: https://www.ag.state.la.us/Opinions
• Original PDF: https://www.ag.state.la.us/Opinion/Download/98-0483

Original opinion text

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

DEPARTMENT OF .IUSTICE

RICHARD P. IEYOUB
P.O. Box 94005
ATTORNEY GENI:RAL
70804-9005
TEL: (504) 342-7013
FAX: (504) 342-7335

February 2, 1999
OPINION 98-483

77 MUNICIPALITIES
77-A OFFICERS-Local & Municipal
Honorable Warren C. Pourciau
LSA-R.S. 33:404.1
The board of aldermen may not reduce the compensation of
Mayor
that individual appointed to fill a vacancy in the elected
P. O. Box 307
position of chief of police during the elected term, but may by
ordinance reduce the compensation of the newly elected chief Livonia, LA 70755 of police, if such action is taken prior to the beginning of the new term.
Dear Mayor Pourciau:

You advise that the Town of Livonia is a Lawrason Act municipality with an elected chief of police. You further advise that an appointed chief of police currently discharges the responsibilities of the office filling the vacancy created by the retirement of the former chief of police. A special election was called, and a new chief of police will soon occupy the office.

Your questions concerning compensation of this elected official are governed by LSA- R.S. 33:404.1, which states:

The board of aldermen shall by ordinance fix the compensation of the mayor, aldermen, clerk, chief of police, and all other municipal officers.
The board of aldermen may by ordinance increase or decrease their compensation and the compensation of any non-elected municipal officer and may increase the compensation of other elected officials...However, the board of aldermen shall not reduce the compensation of any elected official during the term for which he is elected. (Emphasis added).

Accordingly, you may not reduce the compensation of the individual appointed to fill the vacancy. He serves as chief of police for the remainder of the elected term contemplated by R.S. 33:404.1, notwithstanding the fact that his actual tenure is shorter than a regular term. The prohibition against reduction in compensation protects those who occupy this elected office; the appointment of an individual to fill the position on an interim basis does not change the protection and benefits afforded one who occupies this elected position.

However, you may by ordinance reduce the compensation of the newly elected chief of police, if such action is taken prior to the beginning of the new term.

Page 2

Honorable Warren C. Pourciau
OPINION 98483
Page 2

Should you have other questions, please contact this office.

Very truly yours,

RICHARD P. IEYOUB
ATTORNEY GENERAL

AS~NT ATTORi~EY GENERAL
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