§ 34:1 — Continuation; qualifications; appointments; terms; vacancies

Louisiana § 34:1

• Jurisdiction: Louisiana
• Title 34: Navigation and Shipping

Text

§1. Continuation; qualifications; appointments; terms; vacancies
A. Membership; qualifications; vacancies.
(1) The Board of Commissioners of the Port of New Orleans, hereinafter referred to
as "the board" is continued. The number of members comprising the board shall be seven,
who shall be qualified voters, four of whom shall each have his principal place of business
in the parish of Orleans, two of whom shall each have his principal place of business in the
parish of Jefferson, and one of whom shall have his principal place of business in the parish
of St. Bernard. The four members from the parish of Orleans shall fill the positions on the
board to be designated as Positions D, E, F, and G; the two members from the parish of
Jefferson shall fill the positions on the board to be designated as Positions A and C; and the
member from the parish of St. Bernard shall fill the position on the board to be designated
as Position B.
(2) On or after October 1, 1976, vacancies occurring because of expiration of term
and the two additional memberships created by this Act* shall be filled in such manner that
the first such vacancy occurring shall be filled by a member who shall hold Position A, and
each such subsequent vacancy shall be filled in sequence by members holding Positions B,
C, D, E, F, and G, respectively. Any vacancy occurring prior to October 1, 1976, shall be
filled in the same manner in which the position was initially filled.
(3) All members shall be experienced in the commerce or industry, or both, of the
port area, and shall otherwise possess the qualifications prescribed by law. Notwithstanding
any prohibition contained in Part II of Chapter 15 of Title 42 of the Louisiana Revised
Statutes of 1950, a member appointed prior to August 1, 2018, employed in the maritime
industry may serve as a member as provided in this Paragraph. The provisions of Title 42
of the Louisiana Revised Statutes of 1950 in effect on the date of the appointment of a
member appointed prior to August 1, 2018, shall apply to that member for the term of that
member. The present members appointed prior to August 1, 2018, seven in number, shall
continue to serve on the board for the duration of their respective terms, and shall remain
subject to the provisions of Title 42 of the Louisiana Revised Statutes of 1950 in effect on
the date of that member's appointment. A member appointed on or after August 1, 2018,
employed in the maritime industry may serve as a member as provided in this Paragraph,
subject to the provisions of Title 42 of the Louisiana Revised Statutes of 1950.
(4) Any vacancy in the membership of the board shall be filled by the governor from
among the nominees selected as provided in this Section, within fifteen days after the
governor receives their names.
B. Nominating agencies.
(1) For the purpose of selecting nominees for the four members, each of whom shall
be appointed by the governor from the nominees selected by the Orleans Parish nominating
organization, the following nominating agencies shall constitute and shall be designated as
the Orleans Parish nominating organization:
(a) New Orleans Chamber of Commerce
(b) New Orleans Board of Trade, Ltd.
(c) New Orleans Steamship Association
(d) International Freight Forwarders and Customs Brokers Association of New
Orleans, Inc.
(e) Maritime Trade's Council of Greater New Orleans and Vicinity
(f) Metropolitan Area Committee
(g) Louisiana Farm Bureau
(h) Urban League of Greater New Orleans
(i) Dillard University
(j) Xavier University
(k) World Trade Center
(l) Greater New Orleans Barge Fleeting Association
(m) Propeller Club of the United States
(n) The Greater New Orleans AFL-CIO
(2) For the purpose of selecting nominees for the two members, each of whom shall
be appointed by the governor from the nominees selected by the Jefferson Parish nominating
organization, the following nominating agencies shall constitute and shall be designated as
the Jefferson Parish nominating organization:
(a) Harvey Canal Industrial Association.
(b) East Bank Council of the Jefferson Chamber of Commerce.
(c) West Bank Council of the Jefferson Chamber of Commerce.
(d) Maritime Trade's Council of Greater New Orleans and Vicinity.
(e) Louisiana Farm Bureau.
(f) Greater New Orleans AFL-CIO.
(g) Jefferson Business Council.
(3) For the purpose of selecting nominees for the member to be appointed by the
governor from the nominees selected by the St. Bernard Parish nominating organization, the
following agencies shall constitute and shall be designated as the St. Bernard Parish
nominating organization:
(a) St. Bernard Chamber of Commerce.
(b) St. Bernard Port, Harbor and Terminal District.
(c) Maritime Trade's Council of Greater New Orleans and Vicinity.
(d) Louisiana Farm Bureau.
C. Nominating Councils; selection of nominees. Each nominating organization shall
have a nominating council on which shall be seated the presidents or recognized heads of the
nominating agencies of that nominating organization, as enumerated in Subsections (B)(1),
(2) and (3), respectively, of this Section. Nominees to the governor for appointment to the
board shall be selected by the nominating council of the appropriate nominating organization
from among those named by the nominating agencies of said nominating organization as
required by this Section.
D. Notice of vacancy. Within ten days after the occurrence of a vacancy on the board
for any cause, the president or other presiding officer of the board shall send notice of the
vacancy by registered or certified United States mail to each appropriate nominating agency.
E. Nominees submitted by nominating organizations.
(1) Within ten days after notification of a vacancy or vacancies in Position D, E, F,
or G, the first listed nominating agency of the Orleans Parish Nominating Organization shall
submit in writing to the members of its nominating council the names of two persons having
the qualifications set forth in this Section as nominees for each such vacancy or vacancies.
Thereafter, the remaining nominating agencies of the Orleans Parish nominating
organization, in the order in which they are listed in Subsection (B)(1) of this Section and
within intervals of five days each, shall consecutively submit in like manner, the names of
two nominees for each such vacancy.
(2) Within ten days after notification of a vacancy or vacancies in Position A or C,
the first listed nominating agency of Jefferson Parish Nominating Organization shall submit
in writing to the members of its nominating council the names of two persons having the
qualifications set forth in this Section as nominees for each such vacancy or vacancies.
Thereafter, the remaining nominating agencies of that nominating organization, in the order
in which they are listed in Subsection (B)(2) of this Section and within intervals of five days
each, shall consecutively submit in like manner, the names of two nominees for each such
vacancy.
(3) Within ten days after notification of a vacancy in Position B, the first listed
nominating agency of St. Bernard Parish Nominating Organization shall submit in writing
to the members of its nominating council the name of one person having the qualifications
set forth in this Section as nominee for such vacancy. Thereafter, the remaining nominating
agencies of that nominating organization, in the order in which they are listed in Subsection
(B)(3) of this Section and within intervals of five days each, shall consecutively submit in
like manner, the name of one nominee for such vacancy.
(4) No person shall be eligible for nomination if he has been previously nominated
by another nominating agency. In all cases, signed copies of the communications to the
appropriate nominating council transmitting the names of the nominees shall be sent to the
governing bodies of the other nominating agencies.
F. Certification to governor.
(1) As soon as the names of the nominees for Position D, E, F, or G as selected by
the appropriate nominating agencies have been received, or in any event within ten days after
the last delay for the submission of the names of nominees for Position D, E, F, or G has
expired, the Orleans Parish Nominating Council, at a meeting convened on the written call
of any member thereof, shall certify to the governor for each such vacancy then existing the
names of three nominees from among the nominees whose names have been submitted to it
by the nominating agencies of the Orleans Parish Nominating Organization, and from among
the nominees thus certified the governor shall make an appointment or appointments to fill
each such vacancy.
(2) As soon as the names of the nominees for Position A or C as selected by the
appropriate nominating agencies have been received, or in any event within ten days after the
last delay for the submission of the names of nominees for Position A or C has expired, the
Jefferson Parish Nominating Council, at a meeting convened on the written call of any
member thereof, shall certify to the governor for each such vacancy then existing the names
of three nominees from among the nominees whose names have been submitted to it by the
nominating agencies of the Jefferson Parish Nominating Organization, and from among the
nominees thus certified the governor shall make an appointment or appointments to fill each
such vacancy.
(3) As soon as the names of the nominees for Position B as selected by the
appropriate nominating agencies have been received, or in any event within ten days after the
last delay for the submission of the names of nominees for Position B has expired, the St.
Bernard Parish Nominating Council, at a meeting convened on the written call of any
member thereof, shall certify to the governor for such vacancy then existing the names of
three nominees from among the nominees whose names have been submitted to it by the
nominating agencies of the St. Bernard Parish Nominating Organization, and from among
the nominees thus certified the governor shall make an appointment or appointments to fill
such vacancy.
G. Nominating agencies; identity. The nominating agencies listed in Subsections
(B)(1), (2) and (3) of this Section shall be understood and construed to be the agencies
presently existing and designated by the names listed in Subsections (B)(1), (2) and (3) or
their respective legal successors.
H. Dissolution of nominating agencies; effect. If any of the nominating agencies
listed in Subsections (B)(1), (2) and (3) of this Section ceases to exist or to function, without
any legal successor, the nominees to be submitted to the appropriate nominating council as
provided in Subsection E of this Section, shall be submitted by the nominating agencies of
the appropriate nominating organization that continue to exist and function.
I. Minimum number of nominees. If the nominating agencies of the appropriate
nominating organization submit fewer than three names of nominees to their nominating
council for any vacancy for the purposes of Subsection F of this Section, that nominating
council of the appropriate nominating organization shall supply the deficiency or deficiencies
to enable it to certify to the governor the names of three nominees as required by Subsection
F.
J. Delayed certification; appointment. If the appropriate nominating council fails to
certify to the governor the names of three nominees, as required by Subsection F of this
Section, within one hundred twenty days after the occurrence of a vacancy on the board, the
governor shall forthwith make an appointment to fill the vacancy.
K. Term of appointment; filling unexpired term; reappointment. A person appointed
to fill a vacancy that occurred other than by expiration of a term shall serve for the unexpired
portion of the term. Otherwise, each member appointed to the board shall be appointed for
a term of five years. No member of the board shall be eligible to succeed himself unless his
immediately previous appointment was to serve for the unexpired portion of a term which
had less than two years to run.
L. Service until successor qualified. Members shall continue to serve until their
successors have been appointed and take office.
M. Incompatible offices. No member of the board shall hold any office in any
political party or other political organization, nor shall he hold any public office or
employment for compensation, existing under or created by the laws of the United States or
the state of Louisiana, or existing under or created by the charter or ordinance of a
municipality or subdivision of the state.
*NOTE: AS APPEARS IN ACTS 1976, NO. 289, §1 AND ACTS 1985,
NO. 426, §1.

Legislative History

Amended by Acts 1976, No. 289, §1; Acts 1980, No. 272, §1; Acts 1985, No. 426, §1; Acts 1986, No. 142, §1; Acts 1992, No. 188, §1; Acts 1992, No. 1049, §1; Acts 1997, No. 1422, §1; Acts 2004, No. 83, §1, eff. May 28, 2004; Acts 2004, No. 91, §1, eff. May 28, 2004; Acts 2010, No. 681, §2; Acts 2018, No. 534, §1.