§ 40:539 — Selection of chairman and vice chairman; executive director; hiring of employees

§539. Selection of chairman and vice chairman; executive director; hiring of employees
A.(1) The mayor of the municipality or the governing body of the parish, as the case
may be, shall designate the first chairman of the municipality or parish authority, but
thereafter the authority shall select a chairman from among its commissioners.
(2) The authority shall also select a vice chairman from its commissioners.
B. Every regional or consolidated housing authority shall elect a chairman from
among its commissioners. The commissioners may select any other officers which the
authority requires.
C.(1) The authority shall select a secretary who shall be the executive director and
chief executive and administrative officer of the authority. The authority shall enter into an
employment contract with the executive director for a term not to exceed five years. The
employment contract shall fix the compensation of the executive director and such other
terms of employment as the authority may determine.
(2) The executive director shall employ such housing authority staff and employees,
permanent and temporary, as shall be necessary to carry out the functions of the authority.
The executive director shall determine the qualifications, duties, and compensation of the
employees of the authority. The executive director shall have authority over termination of
employment. In carrying out his functions and responsibilities, the executive director shall
be subject to applicable civil service laws, rules, and regulations and policies of the authority.
(3) The executive director shall exercise administrative supervision over all
employees of the authority, and all employees of the authority shall be responsible to the
executive director for the accomplishment of their duties. The executive director shall
organize the personnel of the authority in the most efficient manner to accomplish the
purposes of the authority.
(4) Housing authority staff and employees shall consist of professional, technical,
administrative, and clerical personnel necessary to carry out the purposes and objectives of
the housing authority.
(5) The authority, after receiving the recommendations of the executive director, may
employ its own counsel and legal staff to perform any legal services it may require. Also,
any authority, municipality, or parish may call upon the principal legal officer of the
municipality, or parish, as the case may be, for any legal services which it requires.
(6) The authority may arrange or contract for the furnishing by any person or agency,
public or private, of services, privileges, works, or facilities for or in connection with its
developments or the occupants thereof. Notwithstanding anything to the contrary contained
in this Chapter or in any other provision of law, the authority may agree to any conditions
attached to federal financial assistance relating to the determination of prevailing salaries or
wages or payment of not less than prevailing salaries or wages or compliance with labor
standards, in the development or administration of developments, and may include in any
contract awarded or entered in connection with a development, stipulations requiring that the
contractor and all subcontractors comply with the requirements as to minimum salaries,
wages, and maximum hours of labor, and comply with any conditions attached to the
financial aid of the development.
(7) The authority may employ accountants, appraisers, technical experts, and such
other officers, agents, and employees, as it may require and shall determine their
qualifications, duties, compensation, and term of office. A local housing authority may
delegate to one or more of its agents or employees such powers and duties as it may deem
proper. With respect to the employment of its staff, a local housing authority shall enjoy the
exemptions contained in R.S. 40:406.
(8)(a)(i) Except as provided in the Constitution of Louisiana and Item (ii) of this
Subparagraph and as may otherwise be authorized by the State Civil Service Commission,
all employees of the authority, except authority members, the executive director, and one
other employee whom the authority shall designate and employ, and except professional
employees employed on a contract basis, shall be in the classified state civil service.
(ii) Notwithstanding any provision of law to the contrary, a housing authority may,
upon determining that it should not be considered to be an instrumentality of the state for
purposes of Article X, Section 1(A) of the Constitution of Louisiana and therefore that the
employees of such authority shall not be included in the state civil service, adopt a resolution
to that effect and transmit a certified copy of the resolution by certified mail to the director
of the Department of State Civil Service. The resolution shall be given effect upon the
director's receipt.
(b) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of New Orleans shall not be considered to
be an instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution
of Louisiana, and employees of the authority shall not be included in the state civil service.
(c) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Cottonport Housing Authority shall not be considered to be an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(d) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the housing authority of Denham Springs shall not be considered
to be an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.
(e) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of the Town of Oil City shall not be
considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.
(f) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of the City of Lafayette shall not be
considered to be an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.
(g) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the East Baton Rouge Parish Housing Authority shall not be
considered an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.
(h) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Monroe Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana and employees of the authority shall not be included in the state civil service.
(i) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Housing Authority of the City of Shreveport shall not be
considered an instrumentality of the state for purposes of Article X, Section 1(A) of the
Constitution of Louisiana, and employees of the authority shall not be included in the state
civil service.
(j) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Kenner Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(k) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Simmesport Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(l) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Bunkie Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(m) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Colfax Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(n) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Kinder Public Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(o) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Berwick Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(p) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Morgan City Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(q) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Delcambre Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(r) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the Gueydan Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(s) Notwithstanding any provision of Subparagraph (a) of this Paragraph or of any
other law to the contrary, the White Castle Housing Authority shall not be considered an
instrumentality of the state for purposes of Article X, Section 1(A) of the Constitution of
Louisiana, and employees of the authority shall not be included in the state civil service.
(t) Notwithstanding Subparagraph (a) of this Paragraph or of any other law to the
contrary, the New Roads Public Housing Authority shall not be considered an instrumentality
of the state for purposes of Article X, Section 1(A) of the Constitution of Louisiana, and
employees of the authority shall not be included in the state civil service.

Legislative History

Acts 1997, No. 1188, §1; Acts 2008, No. 101, §1, eff. June 9, 2008; Acts 2013, No. 75, §1; Acts 2014, No. 827, §1; Acts 2015, No. 95, §1; Acts 2016, No. 127, §1; Acts 2018, No. 22, §1; Acts 2020, No. 15, §1; Acts 2020, No. 145, §1; Acts 2020, No. 170, §1; Acts 2020, 2nd Ex. Sess., No. 14, §1; Acts 2021, No. 70, §1; Acts 2021, No. 172, §1; Acts 2022, No. 107, §1; Acts 2023, No. 139, §1, eff. June 7, 2023; Acts 2023, No. 186, §1, eff. June 8, 2023; Acts 2023, No. 195, §1, eff. June 8, 2023; Acts 2024, No. 201, §1; Acts 2024, No. 294, §1, eff. May 28, 2024; Acts 2024, No. 297, §1, eff. May 28, 2024; Acts 2024, No. 342, §1, eff. May 28, 2024; Acts 2024, No. 433, §1, eff. June 3, 2024.