§ 38:1794 — Meetings of commissioners; powers; salaries and expenses

Louisiana § 38:1794

• Jurisdiction: Louisiana
• Title 38: Public Contracts, Works and Improvements

Text

§1794. Meetings of commissioners; powers; salaries and expenses
A. The provisions of this Subsection pertain to commissioners of gravity drainage
districts in Calcasieu Parish, Louisiana, notwithstanding any provisions of other Subsections
in this Section to the contrary. The words "commissioner", "commissioners", or "board of
commissioners" used in this Subsection mean and refer to commissioners of drainage
districts in Calcasieu Parish, Louisiana.
(1) Commissioners of drainage districts in Calcasieu Parish appointed hereunder
shall hold at least one meeting in every year. Commissioners shall meet at stated times that
they shall fix and determine by resolution. Special meetings may be called by any
commissioner or by the secretary of the board. All expenses of administration, salaries of
officers, and other expenses shall be paid out of any funds in the hands of the treasurer
belonging to the district after the items, bills, salaries, or expenses have been approved at a
meeting of the board of commissioners.
(2)(a) Members of the board of commissioners are authorized to receive
compensation not to exceed one hundred fifty dollars per day as may be determined by the
board of commissioners for every day a commission member is actually employed in the
service of the district and may be reimbursed any expenses incurred in performing the duties
imposed upon him by virtue of his appointment.
(b) Any commissioner who is prevented from attending a regular or special meeting
of the board by virtue of the fact that he is required to be out of the district on business of the
district during the time of such meeting is entitled to be counted as present at such meeting
for the purpose of computing per diem hereunder, provided that when any commissioner is
required to conduct business of the district in or out of the district equal to or in excess of the
time normally or customarily consumed in a regular or special meeting of the board of
commissioners shall be entitled to compensation at the same rate as hereinabove provided
in the case of a regular or special meeting.
(c) No member of the board of commissioners of the Consolidated Gravity Drainage
District No. 1 and the Consolidated Gravity Drainage District No. 2 of Calcasieu Parish shall
be paid per diem for more than forty-eight days in any one year. However, one elected
officer designated by the board of commissioners may receive a per diem for not more than
twelve additional days for each day spent performing administrative duties if such additional
compensation is approved by a two-thirds vote of the entire board at a meeting of the board.
B.(1) Commissioners of drainage districts appointed hereunder shall hold at least one
meeting in every year. They shall meet at stated times which they shall fix and determine by
resolution. Special meetings may be called by any commissioner or by the secretary of the
board. All expenses of administration, salaries of officers, etc., shall be paid out of any funds
in the hands of the treasurer belonging to the district after the items, bills, salaries, or
expenses shall have been approved at a meeting of the board of commissioners.
(2)(a) Members of the board of commissioners are authorized to receive
compensation of not more than one hundred fifty dollars per day as determined by the board
for each day such member shall be in actual attendance upon the regular or special meeting
of the board, not to exceed thirty-six days in one year, and may be reimbursed any expenses
actually incurred in performing the duties imposed upon him by virtue of his appointment.
Any increase in compensation or increase or reimbursement of any kind to members of the
board of commissioners must be approved by a two-thirds vote of the members of the board
after public hearing, which has been advertised in the official journal of the drainage district
on at least two separate occasions within a period of fifteen days preceding the meeting at
which the vote is taken.
(b) One member, designated by the board, may receive the per diem for each day
spent at a board meeting or otherwise performing duties on behalf of the board in furtherance
of the purposes of the district, subject to approval of two-thirds vote of the entire board at a
meeting of the board. The annual limit on days of per diem shall not apply to this member.
(3) Notwithstanding any other provision of law to the contrary, the provisions of this
Paragraph shall apply to the board of commissioners of Consolidated Gravity Drainage
District No. 1 of Tangipahoa Parish:
(a) The board of commissioners of the district shall, by resolution, fix a time and
place for the holding of its regular meeting and shall hold at least two regular meetings in
every month. Special meetings may be held at such times and places as specified by call of
any commissioner or the secretary of the board.
(b)(i) Members of the board of commissioners of the district may receive
compensation of not more than five hundred dollars per month, as determined by the board
of commissioners, for performing the duties imposed upon a member by virtue of his
appointment.
(ii) The board of commissioners may reimburse any member for expenses actually
incurred in the attendance of meetings or in the performance of duties on behalf of the
district which occur outside of the district.
(iii) Any increase in compensation or reimbursement for expenses of any kind to
members of the board of commissioners shall be approved by two-thirds vote of the
membership of the board of commissioners after holding a public hearing on such matter.
The public hearing shall be advertised in the official journal of the district on at least two
separate occasions within a period of fifteen days preceding the meeting at which the public
hearing is held and the vote is taken.
(c) Except as provided in Item (b)(iii) of this Paragraph, all expenses of
administration, salaries of officers, and other expenses shall be paid by the treasurer out of
the funds of the district after any such expense has been approved at a meeting of the board
of commissioners.
(d) The provisions of Subparagraph (2)(b) of this Subsection shall not apply to the
board of commissioners of the district.
C. The board of commissioners of the drainage district shall have absolute control
over the drainage of the districts or any sub-districts within its limits and may construct all
necessary works and make all necessary drains, ditches, and canals for the purpose of gravity
drainage thereof. The board of commissioners may adopt all needful regulations necessary
to maintain free and unobstructed the flow of water through the gravity canals, ditches, and
drains. The board of commissioners may require that where any fence traverses any drainage
canal constructed, dredged, controlled, or maintained by the drainage district there shall be
provided a flood gate at the point where the fence crosses the drain, ditch, or canal so
constructed as to rise and fall with the pressure of the water and permit the free flow of the
water through it. The flood gates shall, as to existing fences, be constructed by the owner of
the fence within forty-five days from date of service of written notice sent to him by the
board of commissioners of the drainage district. Upon the refusal or failure of the fence
owner to construct the flood gates the board of commissioners of the drainage district may
construct the flood gate at the expense of the owner of the fence and collect for the cost of
the flood gate by suit before any court of competent jurisdiction.
D. Said board of commissioners of the drainage district may pass all needful
regulations necessary to keep the beds and the banks of all canals, drains and ditches under
their supervision and control free from underbrush, trees, and weeds so as to properly
maintain the drainage through these canals, drains, and ditches.
E. Police juries of the various parishes may include within a drainage district or
subdrainage district lands and territory situated in an incorporated town or municipal
corporation, although the charter of the municipal corporation may exempt the land from the
authority of the police jury for parish purposes. Nothing herein contained shall curtail or
limit the authority or power of the municipality to carry on drainage works within the
municipality in any manner or under any rules or resolutions which the governing body of
the municipality shall deem expedient.
F.(1) The provisions of this Subsection pertain to commissioners of the Bayou
Plaquemine-Wycoff Gravity Drainage District in Acadia Parish, the First Ward Drainage
District in Acadia Parish, the Second Ward Gravity Drainage District No. 1 in Acadia Parish,
the Second Ward Gravity Drainage District No. 2 in Acadia Parish, and the Bayou Mallet
Gravity Drainage District in Acadia and St. Landry parishes, notwithstanding any provisions
of other Subsections in this Section to the contrary.
(2) The words "commissioner", "commissioners", or "board of commissioners" used
in this Subsection shall mean and refer to commissioners of Bayou Plaquemine-Wycoff
Gravity Drainage District in Acadia Parish, the First Ward Drainage District in Acadia
Parish, the Second Ward Gravity Drainage District No. 1 in Acadia Parish, the Second Ward
Gravity Drainage District No. 2 in Acadia Parish, and the Bayou Mallet Gravity Drainage
District in Acadia and St. Landry parishes.
(3) Members of the board of commissioners may receive compensation not to exceed
one hundred dollars per day as may be determined by the board of commissioners for every
day a commission member is actually employed in the services of the district and may be
reimbursed any expenses incurred in performing the duties imposed upon him by virtue of
his appointment. Any commissioner who is prevented from attending a regular or special
meeting of the board by virtue of the fact that he is required to be out of the district on
business of the district during the time of such meeting is entitled to be counted as present
at such meeting for the purpose of computing per diem hereunder; provided that when any
commissioner is required to conduct business of the district in or out of the district equal to
or in excess of the time normally or customarily consumed in a regular or special meeting
of the board of commissioners, he shall be entitled to compensation at the same rate as
hereinabove provided in the case of a regular or special meeting. Each member of the board
of commissioners shall not be paid per diem for more than thirty-six days in any one year.
G. Notwithstanding any other provisions of this Section, or any other law to the
contrary, the per diem allowance for commissioners of the Iberville Parish Gravity Drainage
District Number One shall be one hundred dollars.

Legislative History

Amended by Acts 1956, No. 347, §1; Acts 1970, No. 79, §1; Acts 1977, No. 189, §1; Acts 1979, No. 679, §1; Acts 1980, No. 185, §1; Acts 1980, No. 468, §§1, 2; Acts 1982, No. 614, §2; Acts 1984, No. 33, §1; Acts 2001, No. 356, §1; Acts 2004, No. 863, §1, eff. July 12, 2004; Acts 2010, No. 475, §1, eff. July 1, 2010; Acts 2018, No. 340, §1; Acts 2020, No. 262, §1.