§ 40:1496 — Appointment of members of board; term; vacancies

Louisiana § 40:1496

• Jurisdiction: Louisiana
• Title 40: Public Health and Safety

Text

§1496. Appointment of members of board; term; vacancies
A. The board of commissioners shall consist of five members, except as provided
in Paragraph (B)(5) of this Section.
B. In the case of a district comprising all or part of a single parish, members shall be
appointed as follows:
(1) In the case where no municipality is included within the boundaries of a district
lying within a single parish, the parish governing authority shall appoint the five members.
The members so appointed shall elect the chairman of the board.
(2) In the case where one municipality is included within the boundaries of a district
lying within a single parish:
(a) Two members shall be appointed by the parish governing authority.
(b) Two members shall be appointed by the governing authority of the municipality;
and
(c) One shall be selected by the other four members and shall serve as chairman of
the board.
(3) In the case where two municipalities are included within the boundaries of a
district lying within a single parish:
(a) The parish governing authority shall appoint two members.
(b) The governing authority of each municipality shall appoint one member; and
(c) One member shall be selected by the other four members and shall serve as
chairman of the board.
(4) In any case where three or more municipalities are included within the boundaries
of a district lying within a single parish, the parish governing authority shall appoint two
members and the governing authority of each municipality shall appoint one member
notwithstanding the provisions of Subsection A herein. The members so appointed shall
elect the chairman of the board.
(5)(a) Notwithstanding any provision of this Part or any other law to the contrary,
the board of commissioners of Caddo Parish Fire District Number Five shall consist of six
members. The Caddo Parish Commission shall appoint the additional member of the board
of commissioners. The additional member shall serve a term of two years.
(b) Notwithstanding any provision of this Part or any other law to the contrary, the
board of commissioners of Caddo Parish Fire District Number One shall consist of seven
members. The Caddo Parish governing authority shall appoint the additional members of
the board. The parish governing authority shall set the initial terms of the two additional
members. Such initial terms shall not exceed two years and shall be set so as to retain an
orderly and balanced staggering of terms of commissioners. Thereafter, each member shall
serve a term of two years.
(c) Notwithstanding any provision of this Section or any other law to the contrary,
the governing authority of Terrebonne Parish may, by ordinance, provide that the board of
commissioners of the Bayou Cane Fire Protection District shall consist of seven members.
An ordinance adopted pursuant to this Subparagraph shall provide that the parish governing
authority appoints the two additional members and shall provide for the initial terms of such
additional members.
(d) Notwithstanding any provision of this Part or any other law to the contrary, the
board of commissioners of Ward 5 Fire Protection District of the Parish of Evangeline may
consist of seven members. The parish governing authority shall appoint the additional
members of the board.
(e) The board of commissioners of St. Landry Parish Fire District No. 7 shall consist
of seven members. The parish governing authority shall appoint the additional members of
the board and shall set the initial terms of the two additional members.
C. In districts comprising all or part of two or more parishes, members shall be
appointed as follows:
(1) In the case of a district comprising all or part of two or more parishes, but
excluding any municipality, the parish governing authority of each such parish shall appoint
two members, and the last member, shall be selected by the other four members and shall
serve as chairman of the board.
(2) In the case of a district comprising all or part of two or more parishes, and which
includes one municipality, the parish governing authority of each such parish shall appoint
two members, and the last member shall be selected by the governing authority body of the
municipal corporation in the district. The members shall elect the chairman of such board.
(3) In any case where more than one municipality is included within the boundaries
of any district, the governing authority of each parish affected shall appoint two members and
each municipality shall appoint one member to the board notwithstanding the provisions of
Subsection A herein. The members so appointed shall elect the chairman of such board.
D.(1) Each member of the board shall be a resident property taxpayer of the district.
(2) Paragraph (1) of this Subsection shall not apply to a district that comprises all or
part of two or more parishes and in which district there are no resident property taxpayers.
Each member of the board of commissioners of such a district shall reside within fifty miles
of the district.
E. Two of the initial members of the board shall hold office until one year from the
January first immediately succeeding their appointment and three members shall hold office
until two years from the January first immediately succeeding their appointment, the
respective terms to be determined by lot. Thereafter, each member appointed shall serve for
a term of two years. Members are eligible for reappointment. If a vacancy occurs, it shall
be filled for the unexpired term by the body originally making the appointment so vacated.
F. Notwithstanding any provision of this Section to the contrary, the board of
commissioners of Terrebonne Parish Fire Protection District Number Six shall consist of five
members to be appointed as follows provided that the governing authority of Terrebonne
Parish and the governing authority of Lafourche Parish have respectively authorized the
extension of the boundaries of Terrebonne Parish Fire Protection District Number Six into
Lafourche Parish as such an extension is provided for by R.S. 40:1493 and 1494:
(1) Four members shall be appointed by the governing authority of Terrebonne
Parish. Such commissioners shall be electors of the area of Terrebonne Parish lying within
the boundaries of the district.
(2) One commissioner shall be appointed by the governing authority of Lafourche
Parish. Such commissioner shall be an elector of the area lying within the boundaries of the
district.
(3) The commissioners so appointed shall elect from their number a chairman of the
board.
(4) The term of office for each commissioner shall be two years.
G.(1) When four or more municipalities are included within the boundaries of a
district lying within the parish of Claiborne, Grant, or Winn, in addition to the membership
provided in Paragraph (B)(4) of this Section, the respective parish governing authority may
appoint up to three additional members to the board.
(2) Of the additional members appointed pursuant to Paragraph (1), the first initial
member shall hold office until one year from the January first immediately succeeding his
appointment, the second initial member shall hold office until two years from the January
first immediately succeeding his appointment, and the third initial member shall hold office
until one year from the January first immediately succeeding his appointment. Thereafter,
each additional member appointed shall serve for a term of two years.
H. Notwithstanding any provision of this Section to the contrary, the board of
commissioners of the Bayou Blue Fire Protection District shall consist of seven members,
to be appointed as follows, provided that the governing authority of Terrebonne Parish and
the governing authority of Lafourche Parish have respectively authorized the extension of
the boundaries of the Bayou Blue Fire Protection District into Lafourche Parish as such an
extension is provided for by R.S. 40:1493 and 1494:
(1) Three members shall be appointed by the governing authority of Terrebonne
Parish. Such commissioners shall be electors and resident property taxpayers of the area of
Terrebonne Parish lying within the boundaries of the district.
(2) Four commissioners shall be appointed by the governing authority of Lafourche
Parish. Such commissioners shall be electors and resident property taxpayers of the area of
Lafourche Parish lying within the boundaries of the district.
(3) The commissioners so appointed shall elect from their number a chairman of the
board.
(4) Initial terms of two of the commissioners from Lafourche Parish and one of the
commissioners from Terrebonne Parish shall be one year, and the initial terms of the
remaining commissioners shall be two years as determined by lot. All subsequent terms of
commissioners shall be two years.
I. Notwithstanding any provision of this Section to the contrary, the board of
commissioners of the Terrebonne Parish Fire District No. Five shall consist of seven
members, to be appointed as follows, provided that the governing authority of Terrebonne
Parish and the governing authority of Lafourche Parish have respectively authorized the
extension of the boundaries of the Terrebonne Parish Fire District No. Five into Lafourche
Parish as such an extension is provided for by R.S. 40:1493 and 1494:
(1) Six members shall be appointed by the governing authority of Terrebonne Parish.
Such commissioners shall be electors and resident property taxpayers of the area of
Terrebonne Parish lying within the boundaries of the district.
(2) One commissioner shall be appointed by the governing authority of Lafourche
Parish. The commissioner shall be an elector and resident property taxpayer of the area of
Lafourche Parish lying within the boundaries of the district.
(3) The commissioners so appointed shall elect from their number a chairman of the
board.
(4) Initial terms of four of the commissioners from Terrebonne Parish shall be one
year, and the initial terms of the remaining commissioners shall be two years as determined
by lot. The term of the Lafourche Parish commissioner and all subsequent terms of any
commissioners shall be two years.
J.(1) Notwithstanding any provision of law to the contrary, the board of
commissioners of the St. George Fire Protection District shall consist of five members. The
St. George City Council shall appoint the two members of the board of commissioners. The
East Baton Rouge Metropolitan Council shall appoint two members to the board of
commissioners, one whom shall be selected by the member representing council district No.
3 of the Metropolitan Council of the parish of East Baton Rouge and the city of Baton Rouge
and one whom shall be selected by the member representing council district No. 9 of the
Metropolitan Council of the parish of East Baton Rouge and the city of Baton Rouge. The
four appointed members of the board of commissioners shall appoint the fifth member. Initial
terms of three of the commissioners shall be one year and the initial terms of two
commissioners shall be two years as determined by lot. All subsequent terms of
commissioners shall be two years.
(2)(a) The members who are appointed by the St. George City Council shall reside
within the boundaries of the city of St. George and within the boundaries of the St. George
Fire Protection District.
(b) The members who are appointed by the East Baton Rouge Metropolitan Council
shall reside within the boundaries of the St. George Fire Protection District.
(c) The fifth member who is appointed by the four members of the board of
commissioners shall reside within the boundaries of the St. George Fire Protection District.

Legislative History

Amended by Acts 1975, No. 17, §1; Acts 1981, No. 116, §1, eff. July 3, 1981; Acts 1984, No. 72, §2; Acts 1995, No. 259, §1, eff. June 14, 1995; Acts 1999, No. 1198, §1; Acts 2001, No. 102, §1, eff. May 24, 2001; Acts 2003, No. 481, §1, eff. June 20, 2003; Acts 2005, No. 60, §1, eff. June 16, 2005; Acts 2007, No. 88, §1, eff. June 22, 2007; Acts 2011, 1 st Ex. Sess., No. 12, §1, eff. June 12, 2011; Acts 2011, No. 69, §1; Acts 2013, No. 135, §1; Acts 2013, No. 146, §1; Acts 2018, No. 58, §1; Acts 2022, No. 368, §1, eff. June 10, 2022; Acts 2025, No. 444, §1.