§ 38:2604.1 — Removal procedures

Louisiana § 38:2604.1

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

Text

§2604.1. Removal procedures
A. A member of the board of commissioners is subject to removal for any other
cause as provided in R.S. 38:2604. Grounds for removal shall include but not be limited to
conflicts of interest, failure or refusal to perform the prescribed duties, conduct having a
material adverse effect on the work of the district, conduct which meets the definition of a
misdemeanor or felony in violation of local, state, or federal law, or failure to attend at least
one-half of the meetings of the board of commissioners in any twelve-month period.
B. The appointing authority shall conduct a public removal hearing to remove its
appointed commissioner to the board of commissioners of the district when any of the
following occur:
(1) The appointing authority files a written petition for removal that has been
approved at a meeting of the appointing authority.
(2) A written petition for removal, which has been approved by a majority of the
members of the board of commissioners of the district, is submitted to the appointing
authority by certified mail or by a commercial courier.
(3) A petition for removal, signed by at least five hundred owners of immovable
property within the district who are listed on the assessment rolls by the tax assessor as the
owners, is submitted to the appointing authority by certified mail or by a commercial courier.
The petition shall list the name of the contact person who shall be designated as the petitioner
and who shall receive notices from the appointing authority as to the date on which the
public hearing shall occur.
C. Pursuant to Subsection A of this Section, the petition shall list each charge against
the commissioner whose removal is sought.
D. The petitioner shall serve the commissioner whose removal is sought with a copy
of the petition by certified mail or by a commercial courier. A copy of the receipt from the
United States Postal Service or the commercial courier shall be submitted to the appointing
authority to document that notice of the petition was given by the petitioner to the
commissioner whose removal is sought and the date of such notice.
E. Within five days after the date that the appointing authority is notified in writing
that the petition has been given to the commissioner whose removal is sought, the appointing
authority shall send notice of a public hearing to the petitioner described in Paragraph (B)(2)
or (3) of this Section and to the commissioner whose removal is sought by certified mail or
by a commercial courier.
F. The public hearing shall be conducted by the appointing authority no later than
thirty days after notice of the public hearing is delivered to the commissioner whose removal
is sought.
G.(1) At the public hearing on the removal petition, the appointing authority shall
receive testimony and other evidence related to the charges. The commissioner whose
removal is sought may offer a defense for the charges against him and offer any other
testimony or evidence as a defense to removal.
(2) After the conclusion of the testimony and admission of any other evidence
offered by the parties, the members of the appointing authority shall deliberate and vote on
whether to remove the commissioner from the board of commissioners for the district at the
public hearing. A vote in favor of removal of the majority of the members of the appointing
authority who are present shall immediately terminate the commissioner from the board of
commissioners of the district.
(3) Subsequent to the vote to remove the commissioner, the appointing authority
shall notify the board of the commissioners of the district, and the vacancy shall be filled as
provided by R.S. 38:2604.
(4) If the appointing authority fails to conduct a timely public hearing as required
pursuant to this Section, the petitioner or petitioners who filed a petition pursuant to
Paragraph (B)(2) or (3) of this Section may file a writ of mandamus to compel the appointing
authority to hold a public hearing.
H. Nothing in this Section is intended to supersede or replace and shall have no
effect on any action taken pursuant to R.S. 42:65 or any action taken pursuant to any other
provision of law related to the commissioner whose removal is sought.

Legislative History

Acts 2021, No. 476, §1, eff. June 29, 2021.